ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by Shamba DeySubscribe to Shamba Dey

Fall of Market Democracy in Europe

With the exit of Britain from the European Union, this ambitious supranational project now faces a seemingly intractable political crisis and a debate has ensued over the legitimacy of the union as a whole. As the sovereign debt crisis unfolded in Europe, neo-liberal economists and politicians offered to solve the problem by cutting back spending. But, advocating cutbacks according to the principles of market democracy created further political and constitutional risks in Europe.

International Bankruptcy Courts

Instead of an international bankruptcy court to reform the wrongs of a debtor, a mere return to the first principles of law can save a nation from the indignity of being carted into court against its will.

Right to Abort in Surrogacy Contracts

This article makes an enquiry into the right to abort in surrogacy contracts as visualised by the bill on Assisted Reproductive Technology drafted by the Indian Council of Medical Research and introduced in Parliament in 2010. It argues that the bill's anti-abortion clause raises important questions of ethics, fundamental rights as well as legal remedies, if any, in the event of a breach of contract.

Legalising Defamation of Delinquent Borrowers

In their attempt to ensure speedy recovery of loans, banks in India have begun publishing photographs and details of defaulting borrowers. It has proven to be an effective method of putting social pressure on defaulting borrowers. However, it is argued that the act of publishing details and photographs of borrowers in public fora is not only extrajudicial, but that it fundamentally violates the rights of borrowers.

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